REFERENCE TITLE: technical correction; education; extended year State of Arizona House of Representatives Fifty-sixth Legislature First Regular Session 2023 HB 2620 Introduced by Representative Martinez An Act amending sections 15-881, 15-902.04 and 15-1184, Arizona Revised Statutes; relating to education. (TEXT OF BILL BEGINS ON NEXT PAGE)
REFERENCE TITLE: technical correction; education; extended year
State of Arizona House of Representatives Fifty-sixth Legislature First Regular Session 2023
HB 2620
Introduced by Representative Martinez
REFERENCE TITLE: technical correction; education; extended year
State of Arizona
House of Representatives
Fifty-sixth Legislature
First Regular Session
2023
HB 2620
Introduced by
Representative Martinez
An Act
amending sections 15-881, 15-902.04 and 15-1184, Arizona Revised Statutes; relating to education.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona: Section 1. Section 15-881, Arizona Revised Statutes, is amended to read: START_STATUTE15-881. Extended school year services for pupils with disabilities; eligibility and service structure; definition A. Each school district shall make extended school year services available to all pupils with disabilities for whom such services are necessary. Extended school year services are necessary if either of the following applies: 1. The benefits that the pupil gained during the regular school year would be significantly jeopardized if the pupil is not provided educational services. 2. The pupil would experience severe or substantial regression if the pupil is not provided educational services during recesses or the summer months and the regression would result in substantial skill loss of a degree and duration that would seriously impede the pupil's progress toward educational goals. B. The determination of whether a pupil is eligible for extended school year services shall take into account the least restrictive environmental considerations and shall be determined by a multifaceted inquiry by the individualized education program team based on the following criteria: 1. Retrospective data, such as past regression and the rate of recoupment. 2. Predictive data, when empirical data is not available, that may be proven by expert opinion, based on a professional individual assessment. C. The state board of education shall prescribe adopt rules to carry out the purposes of this section. D. Rules that are adopted pursuant to subsection C of this section shall clarify that attendance in the program is not compulsory, that the program is not required for all pupils with disabilities and that eligibility for participation in the program is not based on need or desire for any of the following: 1. A day care or respite care service for pupils with disabilities. 2. A program to maximize the academic potential of pupils with disabilities. 3. A summer recreation program for pupils with disabilities. E. For the purposes of this section, "extended school year" means additional special education and related services for pupils with disabilities to supplement the normal school year, which are provided as part of a free and appropriate public education as defined in Public Law 94-142.END_STATUTE Sec. 2. Section 15-902.04, Arizona Revised Statutes, is amended to read: START_STATUTE15-902.04. Optional two hundred days of instruction A school district or charter holder that elects to provide two hundred days of instruction may increase its base level by five per cent percent. A school district or charter holder that elects to provide two hundred days of instruction shall obtain approval from the department of education before the beginning of the fiscal year that the school district or the charter holder is planning on offering instruction for two hundred days. The school district or charter holder shall ensure that the last day of instruction in any school year occurs before June 30. The school district or charter school shall increase its annual instructional hours by ten per cent percent in order to receive the base level increase prescribed in this section. END_STATUTE Sec. 3. Section 15-1184, Arizona Revised Statutes, is amended to read: START_STATUTE15-1184. Vouchers; requirements; budgets; prohibited uses A. The director of the division of special education shall develop requirements for the approval of vouchers, as provided in this section, including the following: 1. For a special education residential placement voucher, documentation that the requirements of section 15-765 have been met. 2. For an initial residential education voucher, documentation that the requirements of section 15-1183, subsection B have been met. 3. For a continuing residential education voucher, documentation that the requirements of section 15-1183, subsection C have been met. B. The home school district shall consider recommendations from the state placing agency when determining whether the child should be placed solely in the private residential facility or should be placed for part of the school day in a school operated by a school district as provided in section 15-1185. C. The private residential facility must demonstrate that previously received voucher monies were spent appropriately. D. If approved, the appropriate voucher shall be issued in an amount of not exceeding more than the sum of the following and shall be paid directly to the private residential facility in a manner prescribed by the superintendent of public instruction: 1. For group A and for placements not requiring special education services, the base level multiplied by two. 2. For group B, the sum of the support level weight as provided in section 15-943, paragraph 2, subdivision (a) for kindergarten programs through grade eight or for grades nine through twelve, whichever is appropriate, and the support level weight for the category, multiplied by the base level. 3. For both group A and group B, two hundred forty dollars $240 for capital outlay costs or related services and fifty dollars $50 for transportation or related services costs. Beginning with fiscal year 1991-1992, the amounts provided in this paragraph for capital outlay and transportation are increased by the growth rate prescribed by law, subject to appropriation. E. When an initial residential education voucher expires, the funding for the initial residential education voucher shall be paid directly to the private facility from the date of initial placement until the date on which the voucher expires pursuant to section 15-1183. F. For the purpose of this article, the chief official of each state placing agency and the superintendent of public instruction shall jointly prescribe a uniform budgeting format to be submitted by each private institution and to be used in determining instructional costs and residential costs of persons placed. G. Any residential special education placement or residential education voucher issued pursuant to this article shall not be used in any private residential facility that discriminates on the basis of race, religion, creed, color, national origin or disability. H. Voucher monies shall only be spent to provide education and related services to children placed as provided in this article. The state board of education may withhold funding from an institution for noncompliance with any applicable statute or any applicable rule adopted by the state board. I. The individualized education program for any child requiring a residential special education placement must include exit criteria that indicate when the educational placement of the child shall be reviewed in order to determine whether the child can be moved to a less restrictive placement. END_STATUTE
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 15-881, Arizona Revised Statutes, is amended to read:
START_STATUTE15-881. Extended school year services for pupils with disabilities; eligibility and service structure; definition
A. Each school district shall make extended school year services available to all pupils with disabilities for whom such services are necessary. Extended school year services are necessary if either of the following applies:
1. The benefits that the pupil gained during the regular school year would be significantly jeopardized if the pupil is not provided educational services.
2. The pupil would experience severe or substantial regression if the pupil is not provided educational services during recesses or the summer months and the regression would result in substantial skill loss of a degree and duration that would seriously impede the pupil's progress toward educational goals.
B. The determination of whether a pupil is eligible for extended school year services shall take into account the least restrictive environmental considerations and shall be determined by a multifaceted inquiry by the individualized education program team based on the following criteria:
1. Retrospective data, such as past regression and the rate of recoupment.
2. Predictive data, when empirical data is not available, that may be proven by expert opinion, based on a professional individual assessment.
C. The state board of education shall prescribe adopt rules to carry out the purposes of this section.
D. Rules that are adopted pursuant to subsection C of this section shall clarify that attendance in the program is not compulsory, that the program is not required for all pupils with disabilities and that eligibility for participation in the program is not based on need or desire for any of the following:
1. A day care or respite care service for pupils with disabilities.
2. A program to maximize the academic potential of pupils with disabilities.
3. A summer recreation program for pupils with disabilities.
E. For the purposes of this section, "extended school year" means additional special education and related services for pupils with disabilities to supplement the normal school year, which are provided as part of a free and appropriate public education as defined in Public Law 94-142.END_STATUTE
Sec. 2. Section 15-902.04, Arizona Revised Statutes, is amended to read:
START_STATUTE15-902.04. Optional two hundred days of instruction
A school district or charter holder that elects to provide two hundred days of instruction may increase its base level by five per cent percent. A school district or charter holder that elects to provide two hundred days of instruction shall obtain approval from the department of education before the beginning of the fiscal year that the school district or the charter holder is planning on offering instruction for two hundred days. The school district or charter holder shall ensure that the last day of instruction in any school year occurs before June 30. The school district or charter school shall increase its annual instructional hours by ten per cent percent in order to receive the base level increase prescribed in this section. END_STATUTE
Sec. 3. Section 15-1184, Arizona Revised Statutes, is amended to read:
START_STATUTE15-1184. Vouchers; requirements; budgets; prohibited uses
A. The director of the division of special education shall develop requirements for the approval of vouchers, as provided in this section, including the following:
1. For a special education residential placement voucher, documentation that the requirements of section 15-765 have been met.
2. For an initial residential education voucher, documentation that the requirements of section 15-1183, subsection B have been met.
3. For a continuing residential education voucher, documentation that the requirements of section 15-1183, subsection C have been met.
B. The home school district shall consider recommendations from the state placing agency when determining whether the child should be placed solely in the private residential facility or should be placed for part of the school day in a school operated by a school district as provided in section 15-1185.
C. The private residential facility must demonstrate that previously received voucher monies were spent appropriately.
D. If approved, the appropriate voucher shall be issued in an amount of not exceeding more than the sum of the following and shall be paid directly to the private residential facility in a manner prescribed by the superintendent of public instruction:
1. For group A and for placements not requiring special education services, the base level multiplied by two.
2. For group B, the sum of the support level weight as provided in section 15-943, paragraph 2, subdivision (a) for kindergarten programs through grade eight or for grades nine through twelve, whichever is appropriate, and the support level weight for the category, multiplied by the base level.
3. For both group A and group B, two hundred forty dollars $240 for capital outlay costs or related services and fifty dollars $50 for transportation or related services costs. Beginning with fiscal year 1991-1992, the amounts provided in this paragraph for capital outlay and transportation are increased by the growth rate prescribed by law, subject to appropriation.
E. When an initial residential education voucher expires, the funding for the initial residential education voucher shall be paid directly to the private facility from the date of initial placement until the date on which the voucher expires pursuant to section 15-1183.
F. For the purpose of this article, the chief official of each state placing agency and the superintendent of public instruction shall jointly prescribe a uniform budgeting format to be submitted by each private institution and to be used in determining instructional costs and residential costs of persons placed.
G. Any residential special education placement or residential education voucher issued pursuant to this article shall not be used in any private residential facility that discriminates on the basis of race, religion, creed, color, national origin or disability.
H. Voucher monies shall only be spent to provide education and related services to children placed as provided in this article. The state board of education may withhold funding from an institution for noncompliance with any applicable statute or any applicable rule adopted by the state board.
I. The individualized education program for any child requiring a residential special education placement must include exit criteria that indicate when the educational placement of the child shall be reviewed in order to determine whether the child can be moved to a less restrictive placement. END_STATUTE